Terms & Conditions

Uncork Italy

Membership Terms and Conditions

We are pleased to welcome you to the Uncork Italy platform.  Uncork Italy is a platform designed to connect you, the member, with Italian wineries and winemakers (“Winery”) that are specialists in fine Italian wine.  Accessing the Uncork Italy website (“Site”) constitutes your agreement to the following Terms and Conditions. These Terms and Conditions (the “Agreement”) constitute a legally binding agreement by and between Unlock Italy LLC dba Uncork Italy (“Uncork Italy”, “we”, “us”, “our”) and you, the member (“you”, “your”, “Member”). By placing an order with any winery promoted by Uncork Italy, You represent and warrant that You have read and understand, and agree to be bound by, this Agreement.

  1. ELIGIBILITY
    YOU MUST BE TWENTY-ONE YEARS OR OLDER TO PURCHASE AND RECEIVE WINE FROM ANY WINERY FEATURED ON THE UNCORK ITALY PLATFORM. ALL DELIVERIES MUST BE SIGNED FOR, AND ACCEPTED BY, A PERSON TWENTY-ONE YEARS OR OLDER. PROOF OF AGE IS REQUIRED AT TIME OF DELIVERY. BY PLACING AN ORDER WITH ANY WINERY FEATURED ON THE UNCORK ITALY PLATFORM, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 21 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual placing on order on behalf of a third-party further represents and warrants that they are authorized to act and enter into contracts on behalf of that third-party. This Agreement is void where prohibited.
  • WHAT WE DO

The Uncork Italy site is a platform to connect members and wineries who offer discounts on fine Italian wines. We provide members with a weekly newsletter to provide news and information on the Italian wine industry.  The platform also provides members the opportunity to connect directly with wineries to purchase a selection of wine at a discount. All sales of wine will be directly with the winery and NOT with Uncork Italy.

  • CHANGES TO THE AGREEMENT
    Uncork Italy reserves the right to change this Agreement at any time upon notice to You, to be given by the posting of a new version or a change notice on the Website. It is Your responsibility to review this Agreement periodically.
  • MEMBERSHIP ACCOUNTS

To access our platform and discounts, you will set up a membership. If you sign up for a membership plan, you agree to the terms, conditions and limitations posted here

You may only use and register to become a member of our platform if you meet the eligibility requirements above. If you become a member, you are responsible for maintaining the confidentiality of your passwords, login, and account information. You will be responsible for all use of the platform by you, anyone using your password and login information (with or without your permission) and anyone who you allow to access your account. If at any time you have reason to believe that your account is no longer secure (through for example: loss, theft, identity theft, hacking, or unauthorized disclosure or use of your information or computer or mobile device used to access the platform), you are solely responsible to promptly change any and all of your Personal information that is affected.

We reserve the right to accept or refuse membership or to restrict use of the platform in our discretion. You may not transfer or assign your membership or any platform benefits. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on the amount of content or other services that can be accessed from the platform at any one time.

  • MEMBERSHIP CANCELLATION

You may cancel your membership plan by visiting your account details page and adjusting your membership settings, or by contacting our Customer Service team. If you cancel your membership or subscription, you will not receive a refund of any purchases currently made with one of the wineries.

  • ACCOUNT TERMINATION

We reserve the right, in our sole discretion, and without liability, to terminate your access to all or part of the platform, with or without notice, for any reason or no reason.

  • WE DO NOT OWN OR OTHERWISE CONTROL THE WINERY OR THE SALE OF ANY WINE

Our Platform is designed to connect you with wineries who will then make an Agreement with you for the sale of wine. Uncork Italy does not provide, own, or control any winery or wines offered by said wineries. Your agreement for the sale of wine is with the winery and not with Uncork Italy. The winery’s terms and privacy policies apply to your purchase so you must agree to and understand those terms. By entering into an agreement with a winery and/or purchasing any wine, you agree that neither Uncork Italy, or its employees, agents, or representatives are or may be liable for any loss, injury, or damage to you or your property, your business, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Uncork Italy. Uncork Italy shall not be liable for any injury, damage, or loss resulting from the neglect of any winery or other person supplying services. Uncork Italy hold themselves free of responsibility for any damage(s) from any cause(s) whatsoever. 

While our platform displays information regarding wineries and wine, this is in no way meant to suggest or imply or in any way communicate our recommendation, approval, affiliation, partnership, or sponsorship of the winery or wines. Your interaction with any winery accessed through the platform is at your own risk.

  • DISCLAIMER/LIMITATION OF LIABILITY

DISCLAIMERS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE WINES AND OTHER PRODUCTS PURCHASED FROM ANY WINERY FEATURED ON THE UNCORK ITALY PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BECAUSE WINE, BY ITS NATURE IS ORGANIC AND SUBJECT TO CHANGE IN THE BOTTLE OVER TIME, UNCORK ITALY AND THE WINERY MAKE NO WARRANTY OR GUARANTY OF THE QUALITY OR DRINKABILITY OR SATISFACTION OF ANY WINE SOLD. UNCORK ITALY EXPRESSLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WINES AND OTHER PRODUCTS PURCHASED FROM ANY WINERY FEATURED ON THE UNCORK ITALY PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE, AND ANY EXPRESS WARRANTIES BY REPRESENTATION, DESCRIPTION, OR OTHER AFFIRMATION OF FACT, SAMPLE, OR ILLUSTRATION, WHETHER ORAL, WRITTEN OR PICTORIAL.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UNCORK ITALY BE LIABLE FOR SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF USE OR BUSINESS OR TIME OR ANTICIPATED SAVINGS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO UNCORK ITALY ARISING OUT OF OR IN CONNECTION WITH YOUR PURCHASE OF WINE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, IN THE EVENT THAT UNCORK ITALY OR THE WINERY IS UNABLE TO MEET ITS OBLIGATIONS TO YOU UNDER THIS AGREEMENT, UNCORK ITALY SHALL HAVE NO OBLIGATION TO YOU AND THE WINERY’S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE LIMITED TO A MAXIMUM OF A FULL REFUND OF THE PURCHASE PRICE.  

APPLICATION. THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND UNCORK ITALY AND/OR THE WINERY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UNCORK ITALY OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.

  • CANCELLATIONS/RETURN OF ORDERS 
    Any cancellation or return of any order must be made directly to the winery and is subject to their terms. We shall not be liable for any winery’s failure to provide a refund or for winery insolvency or bankruptcy.
  1. PRODUCT DESCRIPTIONS/PRICING
    Uncork Italy attempts to be as accurate as possible in its product and pricing information; however, uncork Italy cannot guarantee that product descriptions and/or specifications, pricing or any other content are accurate, complete, reliable, current, or error-free. In the event that information is incorrect due to typographical, informational, technical, or other errors, Uncork Italy will not be liable for any loss or discrepancy with accurate data.
  1. FORCE MAJEURE
    Uncork Italy’s performance hereunder shall be excused where it is prevented, substantially impeded, or delayed by war, actual or threatened act of terrorism, strike, embargo, riot, loss of power or connectivity, malfeasance or breach by or unavailability of third-party suppliers, explosion, equipment failure, accident, inability to obtain labor or materials beyond its reasonable control, epidemic or other widespread disease, new government restriction or regulation, shelter-in-place order, quarantine, government shutdown, fire, flood, earthquake, act of God, or other cause or circumstance beyond its reasonable control, regardless of its dissimilarity to any of the foregoing.
  1. INDEMNIFICATION
    You agree to defend, indemnify and hold harmless Uncork Italy and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, actions, demands, causes of action, actions and other proceedings, expenses and costs, including but not limited to legal costs and attorneys’ fees, arising out of or relating to: (i) Your breach of any provision of this Agreement; (ii) Your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; (iii) your violation of any law or the rights of third party; or (iv) your use of the platform.
  1. LINKS TO THIRD PARTY SITES

Our platform contains links to websites owned and operated by third parties. If you use these links, you leave our website. These links are provided for your information and convenience only and are not an endorsement by Uncork Italy of the content of such linked websites or third-party services. Uncork Italy has no control of the content of any linked website and is not responsible for these websites or their content or availability. Uncork Italy makes no warranties or representations, express or implied about such linked websites, the third parties they are owned and operated by, the information contained on them or the suitability of quality of their products or services. If you decide to access any third-party websites and make use of the information contained on them and/or enter into any contract for the supply of goods or services from such third party and/or make any donations to such third party, you do so entirely at your own risk. Uncork Italy accepts no liability for damage or loss, however caused in the connection with the use of or reliance on any information, material, products, or services contained on or accessed through any such linked website.

  1. INTELLECTUAL PROPERTY

We, along with the wineries, and other licensors, own all of the text, images, software, trademarks, service marks and other material contained on the platform. By using the platform, you hereby agree that you will not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on the platform must appear on all copies you print. Other non-Uncork Italy product, service, or company designations on the platform belong to those respective third parties and may be mentioned on the platform for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to the platform does not grant you any license or right to use any of the marks included on the platform. 

  1. CONTENT ON THE PLATFORM

The “Content” on the platform is the copyrighted work of Uncork Italy and/or the wineries. “Content” includes, but is not limited to, all materials, information, text, graphics, images, logos, photographs, illustrations, audio clips, video clips, and audio-visual material available on the platform. You may not modify, publish, copy, transmit, transfer, sell, reproduce, create derivative works from, license, distribute, frame, hyperlink, download, repost, perform, display or in any way commercially exploit any of the content; provided, however, you may download one copy of the content for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices.

  1. PROHIBITED USES

The content and information on the platform (including, but not limited to, price and availability of products for sale) as well as the infrastructure used to provide such content and information, is proprietary to us or the wineries. While you may make limited copies of your orders and invoices, you agree not to do any of the following without our express permission:

  • modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer, or sell or re-sell any information, software, products, or services obtained from or through our platform;
  • use this platform or its contents for any commercial purpose;
  • access the platform with any manual or automated process for any purpose other than your personal use or for inclusion of Uncork Italy pages in a search index. Use of any automated system or software to extract data from our platform (“screen scraping”), for commercial or non-commercial purposes, is prohibited;
  • violate the restrictions in any robot exclusion headers on the platform or bypass or circumvent other measures employed to prevent or limit access to our platform;
  • take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • deep link to any portion of the platform (including, without limitation, the purchase path for any products) for any purpose;
  • use any device, software or routine that interferes or attempts to interfere with the normal operation of the platform or take any action that imposes an unreasonable load on our computer or network equipment;
  • “frame”, “mirror” or otherwise incorporate any part of the platform into any other website without our prior written authorization;
  • use the platform to collect or store personal data about others whether through data mining or any other means;
  • use any feature of the platform for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us; and
  • use any data mining methods whatsoever and for any purposes whatever.

If your membership account shows signs of fraud, abuse, or suspicious activity, Uncork Italy, in our sole and absolute discretion, may cancel any membership associated with your name, email address, or account. If you have conducted any fraudulent activity, Uncork Italy reserves the right to take any necessary legal action and you may be liable for monetary losses to Uncork Italy, including litigation costs and damages. To contest the closure of an account, or cancellation of an order please contact Uncork Italy Customer Service.

  1. GOVERNING LAW; JURISDICTION & VENUE
    This Agreement, including without limitation this Agreement’s interpretation, shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its choice of law principles.  The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. THE EXCLUSIVE JURISDICTION AND VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN DELAWARE. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS. You agree that you will only bring claims against Uncork Italy in your individual capacity and not as a plaintiff or class member in and purported class action or representative proceeding. You understand and agree that no claims will be considered and that you will not bring suit against Uncork Italy unless you have first provided a typewritten notice of claim to Uncork Italy within 30 days after you become aware or reasonably should be aware of any injury and/or damage.
  1. VALIDITY

If any provision of the Terms or the application of any provision hereof to any person or circumstances is held invalid, unenforceable, or otherwise illegal, the remainder of the Terms and the application of such provision to any other person or circumstances will not be affected, and the provision so held to be invalid, unenforceable, or otherwise illegal will be reformed to the extent (and only to the extent) necessary to make it enforceable, valid, or legal.

  1. NO WAVIER

No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of the Terms shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

  • GENERAL

Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate, or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced.